Social Factors Encumbering Land Title Registration in Tanzania: The Case of Mtwivila and Mkimbizi Wards, Iringa Municipality

The aim of this study was to explore social factors impeding land title registration (LTR) in Mtwivila and Mkimbizi Wards, Iringa Municipality. Using the mixed research design, this study employed cross-sectional research to collect both quantitative and qualitative data. Questionnaire and interview methods were used to collect primary data. Qualitative data were presented in selected themes and verbatim by interview respondents. Quantitative data were presented in tables, frequencies, percentages and figures then analysed descriptively. The study findings indicated limited awareness among Plot Owners Without Title Deed (POWTD) regarding: the inherent benefits of title deeds, probate and administration, plot allocation procedures, land title registration procedures and the perils of not executing property transfer. This study recommends that allied land professionals in Iringa Municipal council (IMC), Ministry of Lands, Housing and Human Settlement Development (MLHHSD) and other stakeholders should create public awareness, as an immediate intervention measure regarding land title registration.

SECTION 4(1)(b) OF THE DEEDS REGISTRIES ACT 47 OF 1937 AS A REMEDY FOR THE MISTAKEN TRANSFER OF LAND Bester NNO v Schmidt Bou Ontwikkelings CC [2012] ZASCA 125 (21 September 2012)

The deeds office practice was recently (dis)honoured by the Supreme Court of Appeal’s (SCA) decision in Bester NNO v Schmidt Bou Ontwikkelings CC, which was expected to address an “interpretative dearth” with regard to the application of section 4(1)(b) of the Deeds Registries Act 47 of 1937 (DRA). The main issue (for the purpose of this note) in this case related to two questions. The first question before the court was the applicability of the abstract theory of ownership to immovable property and how it impacts on the registration of such ownership in the deeds office. The second question dealt with the correct procedure in terms of the DRA to rectify a mistaken transferarising from an incorrect property description in the title deed. With reference to the second question, the SCA applied section 4(1)(b) as a remedy to rectify the mistaken transfer of the property. This note analyses the decision in Bester v Schmidt Bou with regard to the manner in which the respondent, Schmidt Bou Ontwikkellings CC (Schmidt Bou), applied for an order for rectification of the mistaken transfer of an incorrect property, and the court’s application of the relevant provisions of the DRA. The note will conclude with a discussion of alternative provisions of the DRA which could be applied to remedy the dispute in this case.

Access to land in sub-Saharan Africa: the church as an unnoticed accomplice

Access to land is still ideal for the majority of sub-Saharan Africans. The colonisers of Africa created the problem of access to land that indigenous Africans are still at pains with. The post-colonial African elite is still perpetuating this problem. The church benefited from the creation of this problem and sit at the table of privileged owners of vast pieces of land. This article is written from the perspective of someone who lives and serves in a sub-Saharan community of poverty. He is been observing local churches with vast pieces of land, limiting access to members only. In the meantime, the population around the church is confined in small spaces of land as family units. This article uses a biblical interpretive framework of Jerimiah 29:7 to stress about the role of the church as a peace agent that creates a shalom community around it. Such as community will be a hybrid between a Eurocentric view on land which value ownership with a title deed, and an Afrocentric view which values access of land to all without the need for individual ownership.

Juridical Analysis Of Standard Procedure Operational Management And Services (SPOPP) In Making Shari’a Notary Deed Based On Article 15 Paragraph (1) Of Law Number 2 Of 2014 Concerning The Position Of Notary

The purpose of this study was to: 1) to analyze the implementation of standard operating procedures and service settings (SPOPP) notary in the deed of Shariah is based on article 15 paragraph (1) Law No. 2 of 2014 on the notary office. 2) to analyze the legal consequences shari’a deed made by the notary pursuant to Article 15 paragraph (1) Law No. 2 of 2014 on the notary office. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by qualitative descriptive method.Based on the analysis of data concluded that: 1) the execution of a deed notarized by a notary Shari’ah-based, there are two models in the inclusion of Bismillahhirrohmanirrohim writing. The first one is the inclusion of the article after the title, and the second inclusion Lafadz Bismillahhirromanirrohim/writing there were no written or written and included in the premise. 2) the legal effect of Shariah -based of authentic act by a notary depends on the placement Bissmilahhirrohmanirrohim writing. The first in the inclusion of the text at the beginning of the deed would have violated the rules of the article 38 of Law Notary, that at the beginning consists of the title deed deed, certificate number, full name and place of notary. The second in the inclusion of Bismillahhirrohmanirohim writing something was written and there are included in the premise.Keywords: Notary, Authentic Deed, Bismillahhirrohmanirohim Writing.

An Analysis of Murābaḥah and Ijārah Muntahiyah bi-t-tamlīk: How Do Islamic Banks Choose Which Product to Utilise?

Contrary to its conventional counterpart, which uses interest-based methods of financing, Islamic banks commonly use sale, lease, or partnership modes of financing. The murābaḥah (cost-plus sale) and ijārah muntahiyah bi-t-tamlīk (lease-to-own) products achieve similar end-results, where both products are used as Islamic financial mechanisms for Islamic banks to achieve profits on financed assets, and where the client benefits from the financed asset—leading the client to ultimately own the asset at the end of the financing tenor without limitations (whether releasing the asset as a collateral for a murābaḥah or transferring the title deed to the client at the end of an ‘ijārah muntahiyah bi-t-tamlīk’ contract). Using a qualitative methodology, this article investigates how Islamic banks choose between using murābaḥah or ijārah muntahiyah bi-t-tamlīk when financing a customer. This article includes empirical work by analysing primary and secondary data pertaining to three Islamic banks in the Kingdom of Bahrain.

Raising the stakes: Land titling and electoral stability in Kenya

How does large-scale land reform affect electoral stability and the prospects for election violence? While scholars have theorized elite-level logics of land distribution, few studies analyze the effects of land reform on the attitudes of ordinary citizens, and the implications such reforms have for electoral violence. The article uses an original survey and qualitative interviews in coastal Kenya to examine the effects of the Kenyan government’s recent land titling campaign, the most ambitious and extensive since independence. It theorizes and tests the micro-mechanisms through which the selective distribution of land rights in the pre-electoral period heightens or lowers the stakes of an electoral outcome by altering levels of political trust and perceived threat. Results indicate that title deed beneficiaries are more likely to trust political institutions than non-beneficiaries. Yet, while title deed recipients are more likely to trust state institutions, they are also more likely to fear the electoral process compared to non-beneficiaries. The findings reveal how the perceived stakes of an election can vary across local spaces. Where political trust is low and threat is high, citizens may view elections as particularly high-stakes events and, thus, may be more willing to take on the costs of participation in violence to ensure their preferred political outcome, or to defend themselves against anticipated attacks.

The Msiza-case: the perpetuation of injustices by the miscalculation of “just and equitable” compensation

In 1998 Mr Msiza, a labour tenant, successfully instituted a claim in terms of land reform legislation (the Land Reform (Labour Tenant) Act) for ownership of the land that he and his father occupied for six decades. In terms of this legislation, when the labour tenant is awarding the land, the owner of the land must be compensated for the loss of the land. In 2004, the Land Claims Court confirmed the award of land and ordered the state to make sure that Mr Msiza gets a title deed for the land. The case was heard again in 2016 in the Land Claims Court, where the court this time examined the question of compensation to be paid to the owner. The Land Claims Court ruled that the Constitutional compensation requirement is “just and equitable” compensation, and awarded less-than-market-value compensation by subtracting a seemingly arbitrary amount from the market value of the land. This decision was overturned in 2017 when the Supreme Court of Appeal ruled that the the just and equitable question were already considered in the calculation of market value, and therefore ruled that no amount be deducted from what the valuers calculated to be market value. The handling of the case, and the different approaches from the two courts, is a symptom of the uncertainty that judges are confronted with when they have to calculate “just and equitable” compensation. A history of the case will reveal that the inability to properly valuate the land, perpetuated the injustice that Mr Msiza is facing, of not having the land registered in his name, despite a valid award in terms of land reform legislation. This paper will show how the compensation requirement is a hurdle to Mr Msiza receiving the title deed to his land. By making use of the valuation reports and the court materials, the paper will endeavour to indicate what a better outcome would be, by focussing on the calculation of “just and equitable” compensation. The paper will argue for a purposive approach when interpreting legislation dealing with compensation, where the Constitutional purpose to “heal the divisions of the past” should play a central role in land reform cases.

Analysis Of Judge's Decision On Notary Tort In South Jakarta District Court (Case Study No. 124/PDT.G/2017/PN.Jkt.Sel)

The purpose of this research is 1) To know the Judges considerations in determining Notary Torts in South Jakarta District Court, 2) To determine the Decision Execution Judge Effects of Torts committed Notary in South Jakarta District Court.The method in this research is descriptive. This type of research is normative. The method used is qualitative analysis, namely data obtained through fieldwork and research literature then arranged systematically, and then analyzed qualitatively to achieve clarity issues to be discussed. The data is then analyzed using a theoretical and interpretive positive law which has been poured and then deductively conclude to address existing problems.Based on the results of research that the judge in analyzing the case with No. 124/PDT.G/2017/PN.Jkt.Sel seen from the evidence presented as witnesses, documentary evidence, conjecture, confession or oath that is revealed in the trial are: Defendant 1 and Defendant V and co-Defendant 1 and Defendant II helped found guilty of Torts; Plaintiff is the legal owner of the disputed land Right No. 3747/Pondok Pinang, covering an area of 310 M.2, Pictures situation 24-0201994 date No. 1242/1994; Sale and Purchase Deed before a Notary Noor Kholid Adam, SH., MH between Andrei Widjaya with Ir. Sugandi, canceled Based on Law; Mortgage Ranked First No. 5204/2016 based APHT PPAT Noor Kholis Adam, SH., MH, registered in the name of Standard Chartered Bank with registered office in Branch Jakarta dated August 29, 2016 is the Disability Law, Illegal, not have binding legal force; As a result of the implementation of decisions of law in case No. 124 / PDT.G / 2017 / PN.Jak.Sel relating to tort which did by Notary is null and void, with all the legal consequences of Notary Deed and the Co-Defendants, namely: Sale and Purchase Deed No. 202/2016 dated May 23, 2016, made before PPAT Noor Kholis Adam, SH., MH; Property Ownership Deed of Credit Agreement (KPP) No. 872 / MRG / V / 16 dated May 23, 2016; Property Title Deed of Credit Agreement (KPP) No. 873 / MRG / V / 16 dated May 23, 2016; Power of Attorney Imposing Mortgage No. 203/2016 dated May 23, 2016 of Notary PPAT Noor Kholis Adam, SH., MH .; Power of Attorney to charge Encumbrance No. 256/2016 dated June 22, 2016, made before PPAT Noor Kholis Adam, SH., MH. Granting Mortgage Deed No. 301/2016 dated July 21, 2016, made before PPAT Noor Kholis Adam, SH., MH .; Owned right certificate No. 3747/Pondok Pinang Size 310 M.2, Pictures Situation No. 1242/1994 dated February 24, 1994 on behalf of Andrie Widjaya burdened security rights to Standard Chartered Bank.Keywords: Judge's Decision; Torts; Notary.

Property Rights Through Social Movements: The Case of Plantations in Kerala, India

Globally, increased investor interest in land is confronting various types of political mobilisations from communities at the grassroots level. This article examines the case study of a land occupation movement called Chengara struggle in the largest corporate plantation in southern India. The movement is led by the historically dispossessed scheduled caste and scheduled tribe communities. The objective of the study is to understand the type of institutional transformation of property rights that the movement is calibrating. Institutional theory is used to determine the nature and direction of transformation using the framework of economic and political transaction costs. The article concludes that the central demand of the struggle for individual title deed has higher private gains for right-holders, but has overall negative gains for agricultural productivity. The article concludes that productivity-oriented demands to restructure land-use rights within plantations might converge in the land struggles of the future.

Kekuatan Hukum Perseujuan Suami atau Istri yang dibuat di Bawah Tangan

Approval from a husband or wife as a seller in buying and selling land is very necessary. In practice the usual agreement used is a minimum that has been legalized by a Public Notary. The problem that arises is how the legal strength of the agreement of a husband or wife whose name is not stated in a land title deed with its capacity as a seller in the land sale and purchase agreement and what are the legal consequences of the land purchase agreement when the agreement is made under the form without legalization. The purpose of this paper is to contribute conceptually with scientific, systematic, and logical conceptual work, especially in matters of legal strength from the agreement of a husband or wife whose name is not stated in a certificate with its capacity as a seller in a land sale and purchase agreement. The method used in this legal research is a type of normative legal research. Approval of a husband or wife is required whose name is not stated in the certificate with the capacity as a seller in the land purchase agreement because it relates to joint assets in the marriage. The legal consequences of the land purchase agreement when the agreement of the husband or wife is only made under the hands without being legalized is that the file will not be processed at the local Land Office for the transfer of ownership rights to the land in the case of buying and selling. Persetujuan dari suami atau istri sebagai penjual dalam jual beli tanah sangat diperlukan. Persetujuan yang biasa digunakan sebagai syarat pelaksanaan jual beli adalah minimal yang telah di legalisasi oleh Notaris. Permasalahan yang muncul yaitu bagaimana kekuatan hukum persetujuan suami atau istri yang namanya tidak tertera dalam sertipikat dengan kapasitasnya sebagai penjual dalam perjanjian jual beli tanah dan apa akibat hukum terhadap perjanjian jual beli tanah ketika persetujuan tersebut dibuat dalam bentuk di bawah tangan tanpa legalisasi. Tujuan penulisan ini adalah untuk memberikan sumbangan karya konseptual dengan argumentatif ilmiah, sistematis, dan logis khususnya dalam permasalahan kekuatan hukum dari persetujuan suami atau istri yang namanya tidak tertera dalam sertipikat dengan kapasitasnya sebagai penjual dalam perjanjian jual beli tanah. Metode yang digunakan dalam penelitian hukum ini adalah jenis penelitian hukum normative. Dibutuhkan persetujuan suami atau istri dalam kapasitasnya sebagai penjual pada perjanjian jual beli tanah karena berhubungan dengan harta bersama dalam perkawinan. Akibat hukum terhadap perjanjian jual beli tanah ketika persetujuan dari suami atau istri tersebut hanya dibuat dengan di bawah tangan tanpa di legalisasi adalah berkasnya tidak akan dapat diproses pada Kantor Pertanahan setempat untuk pengalihan hak milik atas tanah dalam hal jual beli.